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M. MARIN RESTORATION, INC. v. FILASKY

2021-05332. Index No. 603273/16.

219 A.D.3d 824 (2023)

195 N.Y.S.3d 692

2023 NY Slip Op 04375

M. Marin Restoration, Inc., Plaintiff, v. Peter Filasky, Defendant/Third-Party Plaintiff-Appellant. Friedman Public Adjusters, Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 23, 2023.

Attorney(s) appearing for the Case

Blodnick, Fazio & Clark, Babylon, NY (Adam Crowley and Paul A. Lanni of counsel), for defendant third-party plaintiff-appellant.

Gordon Ress Scully Mansukhani, LLP, New York, NY (Mark A. Trokan and Kasey T. Mahoney of counsel), for third-party defendants-respondents.

Duffy, J.P., Chambers, Christopher and Warhit, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Nassau County (James P. McCormack, J.), dated June 21, 2021. The order, insofar as appealed from, denied that branch of the motion of the defendant/third-party plaintiff which was pursuant to CPLR 5015(a)(1) to vacate an order of the same court entered July 9, 2020, granting the unopposed motion of the third-party defendants...

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